Alberta’s recall legislation was introduced as a way to hold politicians to account and make ordinary voters the “boss” in provincial democracy. But a fundraising loophole appears to give politicians a major advantage over petitioners, raising questions about the practical viability of the direct democracy initiative.

Alberta’s Recall Act allows for the removal of MLAs mid-term. To trigger a recall vote, petitioners need to collect signatures equal to at least 60 per cent of the votes cast in the electoral division in the most recent election.

The legislation has been in effect since 2022, and got its first real test last fall when more than 20 MLAs were challenged with recall petitions.

Under the act, only two parties are authorized to fundraise and advertise during the signature collection period: the person who initiated the recall campaign and the MLA facing recall.

Participants can only accept contributions from Alberta residents in the given electoral division, and campaign expenses are capped at $26,400.

The MLA’s constituency association, however, is free to advertise to promote them during the regulated canvassing period, as long as the ads don’t reference the ongoing recall petition, according to Elections Alberta. And the MLA’s constituency association isn’t subject to the limits on fundraising or expenses imposed on recall participants.

“There are no circumstances where a constituency association can directly use its funds to promote or oppose a recall petition,” a spokesperson for Elections Alberta told the IJF.

As they are not authorized participants in the recall campaign, the association can’t contribute funds directly to the MLA’s recall or counter-recall account or pay invoices from the association bank account for advertising, PR or other services that are specifically part of the MLA’s recall or counter-recall campaign.

“Constituency associations are able to engage in their usual activities, such as advertising for their MLA, even if that MLA is the subject of a recall petition," the spokesperson said.

In October 2025, a recall petition was launched for Demetrios Nicolaides, Alberta’s education minister and MLA for Calgary-Bow. While Nicolaides’ team reported no advertising expenses related to the recall, Calgary-Bow constituents received flyers in their mailboxes during the recall campaign touting his achievements as an elected representative.

“For the past six years, I have had the honour and privilege of serving as your MLA. During that time I have worked to make our community and province a better place,” reads a statement from Nicolaides on a mailout to constituents.

The Calgary-Bow constituency association’s reported operating expenses jumped to $15,585 in 2025, up from $7,586 the previous year. Fundraising efforts also increased, with the constituency association bringing in about $34,100 in contributions in 2025 compared to about $12,000 in 2024.

“The rules allow for a very uneven playing field between the incumbents and the public,” said Jennifer Yeremiy, who initiated the recall petition for Nicolaides.

For the recall campaign, all of the contributions and volunteer canvassers had to come from within the constituency, “where [Nicolaides] was able to access funds from anywhere in the province,” Yeremiy said. “So he was able to issue three sets of materials during the campaign period, where we weren’t able to issue one.”

Constituency associations are governed by the same financing laws as political parties, which allow any individual or entity residing in Alberta to contribute up to a maximum of $5,000 per year. About $20,000 of the funds contributed to the Calgary-Bow constituency association in 2025 came from Edmonton-based private school operators and childcare companies, as previously reported by the IJF.

During the recall canvassing period, a website for Nicolaides, managed by the constituency association, was also updated with a sign-up form asking visitors to “Stand with Demetrios and fight-back against the unjust recall.”

Yeremiy’s petition ultimately fell short of the required number of signatures, and she said the “election-level activity” that would be needed to succeed at recalling an MLA is out of reach for the average citizen.

“I don't think it's possible. I think they understood very clearly that it was impossible to remove somebody from their position through recall legislation,” she said. “If you imagine the level of awareness that would be required, it essentially means every second home would need to sign the petition fully for it to be successful.”

The IJF asked the Calgary-Bow constituency association about the increase in contributions it received in 2025 and whether it had participated in fundraising efforts connected to the recall campaign.

“Albertans back the UCP because they remember what the NDP did to this province. We turned things around, and we're proud to have their support. All donations were made in compliance with Elections Alberta rules,” a spokesperson for the UCP said in a statement.

More Briefs

Norwegian arms company seeks Canadian munitions contracts days after Norway PM’s Ottawa visit

Group that pushed for gay inclusion in churches for 5 decades loses charity status

This is where people in B.C. had illegal fires while province was under state of emergency

Number of Canadians detained abroad hit 10-year high in 2025